Most people who are charged with domestic violence are not 'typical' career criminals

J. S. Vijaya immigrated as a child to Canada in the 70's. Sadly, the professional qualifications that his parents held were not recognized, and they struggled to survive and did the best they could. As a result, J. S. Vijaya grew up in the Jane and Finch corridor with the other children of recent immigrants, and at that time he did not know he was being primed for a career in criminal law in this great multicultural City of Toronto.

Now, with a B.A. Specialized Honours (Psych) from York University, and with his LL.B. from Windsor Law School, J. S. Vijaya is one of the most reputable lawyers in the city that practice exclusively in the area of criminal defence. He vigorously defends individuals charged with criminal offences ranging from Simple Assault to First Degree Murder. And also represent young people (under 18 years of age) charged with criminal offences.
He also has a large expertise working in domestic violence area, and is the first high profile person for Mercado News The Interview section.

QUESTION: How frequently are the domestic violence cases in Canada?ANSWER: According to The Department of Justice, it is very difficult to ascertain the exact number of Domestic Assault cases in Canada. In many cases, the violence largely remains hidden from public view. In addition, many people do not report to the police what they consider to be a private family affair. The latest Canadian survey indicates that out of 26,000 people living in a marriage or a common law living arrangement, approximately 7 percent of couples experienced some form of violence in the past 5 years. 

Q: What are the main root causes of domestic violence in families?
A: In my view there are a number of factors that influence the phenomenon of domestic abuse. As a criminal lawyer, I have been successfully defending people charged with domestic assault for over 10 years. Although each case has a different factual and psychological underpinning there are some identifiable patterns that tend to keep repeating. In no particular order, the issues seem to be, finances, jealousy or allegations of infidelity, alcohol, job related stress, and at times the simple desire to control the behaviour of a partner. Another factor that must be considered, although it is not politically correct to do so, is that in some domestic violence cases there are issues of ethnic cultural traditions and methods of conflict resolution that are not acceptable in contemporary Canadian society and are contrary to law.

Q: How do the law acts as a best practice form of intervention?
A: To be honest and candid, in my view, the criminal courts were never traditionally designed or structured to deal with social issues as deep and complex as domestic violence and related intervention. It is only recently that in a big city like Toronto, we now have "domestic courts" with specially trained prosecutors who only prosecute domestic assault cases. The fact is that if you are in the court system, you are charged with a criminal offence that is the bottom line. Most people who are charged with domestic violence are not "typical" career criminals. More often than not, they are good hard working people who have been the victim of circumstances. Although the court tries to deal with domestic assaults that are often full of  great emotional complexity in a humane manner, at the end of the day, the usual business of the courts is to hand out justice by a finding of "guilty" or "not guilty" after a trial. Although, it is true that some criminal courts and the prosecutors do offer "Domestic Violence Programs" to the accused, this offer comes with a price. The usual routine is that the accused first pleads guilty, then attends a program lasting 14-18 weeks, then comes back to court for the final sentencing. As a criminal lawyer, I am usually in court every day and too often I see people who are not represented sitting in domestic court looking bewildered and confused. Eventually they get a speech from an individual who tells them the benefit of pleading guilty at the first opportunity and then being allowed to complete a program etc. The so called benefits of pleading guilty are explained in detail. In my experience, too often there is no one there to present the other side of the argument.  

Q: Can you tell us about a case where you assisted a domestic violence situation?
A: I recently represented a man Juan C. who was charged with domestic assault. He was an educated man with 2 young children who realized very quickly that his wife could not simply "drop the charges" by talking to the police or the prosecutors. He understood that in Canada that once you are charged with a criminal offence the wishes of the victim are generally of little concern and consideration to the police or the prosecutors. Juan did not have a criminal record of any kind and was devastated by the fact that after being charged with Domestic Assault he could not go back to his house or even see his children. The alleged nature of the assault was minor in nature but the allegations on paper appeared to portray a dangerous man completely out of control. I cannot get into great details about the case because of my strict policy of client confidentiality but suffice it to say Juan listened to my advice and was patient. As his lawyer, after a careful review of the facts and the law, I advised him to take this matter to trial. On the eventual trial date itself, the prosecutor agreed to withdraw the case against my client. I walked outside the court with Juan, and immediately saw him embrace his two children who were waiting for him. This victory felt good because Juan is a decent man who will continue to work hard for his family.

Q: What are your recommendations if a domestic violence signs emerge in a relationship?
A: If one sees the beginning patterns of abuse in their relationship, the first thing I believe one should do is walk away and calmly reflect upon if it is worthwhile to stay in that relationship. The abuse I am talking about can be verbal or physical. Talking to friends and family or your doctor may also help. The reality is that if one calls the police for mere "intervention" purposes. The police have to lay charges and then it becomes a matter before the criminal courts. If you are in immediate danger and fear for your safety or you are being assaulted naturally you should dial 911 immediately.

Oscar Vigil
ovigil@mercadonews.com